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    Open Letter To Governor Newsom

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    rick siegel
    This letter asks Gov. Newsom to urge the Asst. Chief Counsels of the Labor Commission to respond to a Request for Opinion Letter asking where, knowing the TAA has no penalty provision, the administrative agency gets its statutory authority to interfere with anyone's contractual rights. Creating any consequence when there is no codified penalty is contrary to several CA Supreme Court holdings, and more specifically, holdings that impinging on contractual rights requires a penalty provision.

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    Open Letter To Governor Newsom

    Uploaded by

    rick siegel
    310 views1 page
    This letter asks Gov. Newsom to urge the Asst. Chief Counsels of the Labor Commission to respond to a Request for Opinion Letter asking where, knowing the TAA has no penalty provision, the administrative agency gets its statutory authority to interfere with anyone's contractual rights. Creating any consequence when there is no codified penalty is contrary to several CA Supreme Court holdings, and more specifically, holdings that impinging on contractual rights requires a penalty provision.

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    Open Letter to Governor Newsom

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    This letter asks Gov. Newsom to urge the Asst. Chief Counsels of the Labor Commission to respond to a Request for Opinion Letter asking where, knowing the TAA has no penalty provision, the administrative agency gets its statutory authority to interfere with anyone's contractual rights. Creating any consequence when there is no codified penalty is contrary to several CA Supreme Court holdings, and more specifically, holdings that impinging on contractual rights requires a penalty provision.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    310 views1 page

    Open Letter To Governor Newsom

    Uploaded by

    rick siegel
    This letter asks Gov. Newsom to urge the Asst. Chief Counsels of the Labor Commission to respond to a Request for Opinion Letter asking where, knowing the TAA has no penalty provision, the administrative agency gets its statutory authority to interfere with anyone's contractual rights. Creating any consequence when there is no codified penalty is contrary to several CA Supreme Court holdings, and more specifically, holdings that impinging on contractual rights requires a penalty provision.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 1

    From the Desk of Rick Siegel/Marathon Entertainment

    AN OPEN LETTER TO GOVERNOR GAVIN NEWSOM


    CC: CA LABOR COMMISSIONER LILIA GARCIA BROWER
    Dear Governor Newsom,
    I am writing as a representative of hundreds of personal managers who signed a
    petition joining me, and the managers throughout the U.S., asking you to instruct the
    Asst. Chief Counsel of the Labor Commission to reply to my March 15, 2021 request for an
    opinion letter. https://www.scribd.com/document/504092390/Petition-Signatures
    California’s Talent Agencies Act (“Act,” “TAA”) is one the most controversially
    enforced licensing schemes in America. Since its 1978 passage, perhaps some half-billion
    dollars of otherwise owed compensation has been severed, extinguished, or settled away
    directly or caused by an assumption of authority that may not exist.
    The request letter (https://www.scribd.com/document/498890970/Opinion-Letter-to-
    Asst-Chief-Counsels-2021) notes how the Act “is silent – completely silent – on the subject
    of the proper remedy for illegal procurement.” Marathon v. Blasi, 42 Cal. 4th 974, 987
    (2008). “The Act provides no remedy for its violation. Id. at 988.
    And relatedly, how: “An administrative agency cannot by its own regulations create a
    remedy which the Legislature has withheld. 'Administrative regulations that alter or
    amend the statute or enlarge or impair its scope are void and courts not only may, but it is
    their obligation to strike down such regulations. (Citation omitted.)” Dyna-Med Inc. v. Fair
    Empl. & Housing Comm., 43 Cal. 3d 1385, 1388 (1987).
    “It is fundamental an administrative agency may not usurp the legislative function, no
    matter now altruistic its motives are. (Citations omitted)" Id.
    We want, we need this opinion because the five-decade enforcement of the TAA has
    led to people losing jobs, businesses shuttered, and lives being compromised, some even
    shortened. If the Labor Commissioner has been meting out remedies the law disallows, as
    seems plainly the case, we want that enforcement stopped, which, per CA Labor Code §
    1700.29, the administrative agency has the power to do. If there is legitimate authority, it
    seems fair for the Labor Commissioner to explain, finally, the source of that authority.
    Your help is needed: between December 2012 and January 2013, the Commission
    received over 200 letters asking almost the same thing. All those letters were ignored. It is
    over a month I sent this letter to Assistant Chief Counsels Edna Garcia Earley and David
    Balter, and we are afraid that without your urging, it will be ignored again.

    Thanks in advance for your consideration of this matter.

    Dated April 30, 2021

    Rick Siegel

    323.512.2600/323.864.7474(m) [email protected]

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